Are Parents Eligible to Visit the U.S. on an H4 Visa-
Can parents come on H4 visa? This is a common question among individuals who are considering bringing their family members to the United States. The H4 visa is a non-immigrant visa that allows the spouse and children (under 21 years of age) of an H1-B visa holder to live and work in the U.S. However, the H4 visa does not provide work authorization for the parents. In this article, we will explore the limitations and opportunities for parents under the H4 visa category.
The H4 visa is a derivative visa, which means that it is contingent upon the principal visa holder, in this case, the H1-B visa holder. The primary purpose of the H4 visa is to support the family members of the H1-B visa holder, allowing them to stay in the U.S. while their spouse or parent is employed on an H1-B visa.
Understanding the H4 Visa Limitations
It is important to note that the H4 visa does not grant work authorization to parents. While the H1-B visa holder’s spouse and children can work in the U.S. on an H4 visa, the parents are restricted to non-work activities. This means that parents cannot legally work or engage in employment on an H4 visa.
However, there are some exceptions to this rule. In certain cases, the U.S. Citizenship and Immigration Services (USCIS) may grant a waiver for employment authorization for H4 visa holders. This waiver is typically granted to H4 visa holders who are employed by a government agency or a non-profit organization, or those who are in the process of seeking a job that requires specialized skills or qualifications.
Alternatives for Parents Seeking Work Authorization
If parents wish to work in the U.S., they have a few options to consider:
1. Naturalization: Parents can apply for U.S. citizenship, which would grant them the right to work in the country. However, this process can be lengthy and requires meeting certain eligibility criteria.
2. Change of Status: If a parent has a qualifying relationship with a U.S. citizen or legal permanent resident, they may be eligible to apply for a change of status to a different visa category that allows for employment, such as an H1-B visa or an L-1 visa.
3. Employment-Based Visa: Depending on the parent’s qualifications and the demand for their skills in the U.S., they may be eligible for an employment-based visa, which could eventually lead to a green card and work authorization.
4. Student Visa: If a parent wishes to pursue higher education, they can apply for a student visa (F-1 or J-1) and work on campus or off-campus during certain periods, provided they meet the requirements.
Conclusion
In conclusion, while parents cannot come on an H4 visa and work in the U.S., there are alternative pathways to achieve work authorization. It is essential for individuals to explore their options and seek professional advice to determine the best course of action for their specific situation. With careful planning and persistence, parents can find ways to support their families while living in the United States.